CRIMINAL INJURIES COMPENSATION CICB
Adjudicator: Veda Rangan
Indexed as: (Re) 1212-91097
ORDER
INTRODUCTION
1The Applicant is seeking financial compensation from the Criminal Injuries Compensation Board (CICB) in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). The Applicant is seeking pain and suffering as a result of physical assault that occurred on [date], 2010 where he sustained physical and psychological injuries. The incidents were reported to the Police and resulted in conviction on charges of 2 counts of attempted murder. No charges were laid in relation to the Offender in relation to this Applicant.
DECISION
2The CICB approves the claim for pain and suffering and awards the Applicant the sum of $9,000.00 for the reasons set out below.
ISSUES
3The Applicant must prove, on a balance of probabilities, that his injuries are the result of lawfully arresting or attempting to arrest an offender or suspected offender of an offence against a person other than the Applicant or his dependent or against such person’s property, or assisting a peace officer in executing his law enforcement duties
HEARING
4The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Documentary Evidence
5The CICB received the following documents with respect to the claim:
a. Police Reports dated June 7, 2013, June 22 and August 3, 2017
b. Hospital Records from [Name] Regional Hospital
c. Incomplete Medical Report.
Police Reports
6On [date] the police responded to a robbery at the gas station. The Applicant, a [Name] Police Office responded to the call with his colleague. The Offender managed to escape from the police and ran to his van. The Applicant chased him in his car and gave the Police a description of the perpetrator. The Offender, in an attempt to escape, began to ram into the Applicant’s police vehicle. The Police Report notes that on repeated occasions the Offender rammed the police vehicles while they were occupied by the police officers.
7The Offender then drove the vehicle onto and along sidewalks eventually coming to rest on the sidewalk outside of a twenty-four hour coffee shop where he continued to ram the occupied police vehicles. He had also reversed his vehicle and struck the officer. The Offender was operating the motor vehicle in a dangerous manner departing from the standard of care expected of a prudent driver. On [date] 2010 officers located the Offender driving the vehicle and they attempted to arrest him and he evaded the arrest. The Offender was finally arrested. The Applicant was taken to the Hospital to be treated for his injuries.
[Names] Hospital Reports
8The Medical Report notes that the Applicant was injured while attempting to arrest the Offender. The right hand injury required the plastic surgeon’s attention. X-ray revealed an insertion of a wire overlying the fourth metacarpal from previous surgery. The X-ray also showed a new fracture running through the distal head of the fourth metacarpal. The report from [Name] notes the fracture to have healed and he had recovered full range of motion in his right hand. He was certified to return to work on [date], 2011.
From the narrative
9The Applicant is a member of the [Name] Regional Police, Hold up Unit. On [date], 2010 he was conducting an extensive investigation for a series of violent armed robberies.
10The Police had identified the Offender and were attempting to locate him to apprehend him. They finally located him. The Offender was wanted for 13 robberies at various gas stations. The Applicant and other police tried to box the Offender’s car but he managed to break free and the Applicant was hit as the Offender reversed to drive away. In spite of the injury the Applicant followed the Offender he attempted to ram into the Applicant’s vehicle. The Offender then turned his vehicle directly in the path of the Applicant’s vehicle causing both the vehicles to violently collide.
ANALYSIS AND DECISION
11For the following reasons the CICB grants the Application.
12Based upon the evidence provided and the Offender’s conviction in respect to the incident, the CICB is persuaded that the Applicant was a victim of 2 counts of attempted murder.
13Pursuant to section 5(a) of the Act all applicants have to establish that they have sustained bodily harm as a result of the crime of violence. As a result of the violent arrest and vehicle collisions, the Applicant had sustained a broken right hand and was transported to the [Name] Hospital where his right hand was X-rayed and placed in a temporary cast. Several days later, he attended at [Name] Regional Health Centre, in [City] where he had surgery on his hand. In his narrative to the CICB he states that he continues to experience discomfort in his right hand.
14He was emotionally impacted by the incident and he met with a Psychologist to deal with "Post Traumatic Disorder" in relation to the shooting incident. He experienced flashbacks regarding the entire incident.
15As a result, the CICB concludes that the Applicant is a victim within the meaning of s.5(b) of the Act.
16In arriving at its award for pain and suffering, the CICB has considered: the nature of the incident in the course of his duty as a police officer; the nature of the Applicant’s physical injuries and the nature and extent of the Applicant’s emotional injuries. In this regard, the CICB assesses compensation for pain and suffering in the amount of $9,000.00
AWARD
17The CICB orders payment as follows:
Subsection 7(1)(d) Pain and Suffering $9,000.00
TOTAL AWARD $9,000.00
PAYMENT
18THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $9,000.00
DATED at Toronto this 30th day of November, 2017.
Veda Rangan, Member